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South Africa decisions
Decisions matching the current search
Tshabalala v S (AR13/2024) [2025] ZAKZPHC 60 (20 June 2025)
The High Court dismissed an appeal against convictions and a 10-year sentence for attempted murder arising from a road-rage shooting.
De Beer v Geldenhuys (65535/2014) [2022] ZAGPPHC 905 (24 November 2022)
The court found that the applicant was represented by senior counsel and attorney when consenting to the order, and there was no evidence that the advice conflicted with his instructions. The applicant's subsequent attempt to rescind the order was opportunistic and aimed at delaying proceedings, especially after benefiting from not having to testify in the civil action before facing criminal charges. The delay in bringing the application and failure to oppose the application to strike out, file a replying affidavit, or comply with court directives indicated a lack of bona fides. The court hel…
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E S and Another v Minister of Police and Another (10735/2013) [2019] ZAGPJHC 406 (8 August 2019)
The High Court held the Minister of Police was not vicariously liable for an off-duty officer’s fatal shooting after a road-rage collision, and dismissed the plaintiffs’ claims with costs.
Hadebe v S (AR 152/14) [2014] ZAKZPHC 61 (15 December 2014)
The court upheld a murder conviction for firing at a man in a crowd, finding dolus eventualis, but reduced the sentence from 15 to 10 years.
Mthembu v S (206/11) [2011] ZASCA 179; 2012 (1) SACR 517 (SCA) (29 September 2011)
The Supreme Court of Appeal held that the failure by the sentencing court to apprise the defence that a sentence higher than the prescribed minimum was contemplated does not constitute a defect in the proceedings. Section 51 of the Criminal Law Amendment Act 105 of 1997 provides for minimum sentences but does not restrict the court's discretion to impose a higher sentence where warranted. The appellant was properly warned in the indictment that the minimum sentencing provisions would apply, and there was no irregularity or unfairness in the proceedings. The sentence imposed was not vitiated b…
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Ntshasa v S (A249/10) [2011] ZAFSHC 59; 2011 (2) SACR 269 (FB) (17 March 2011)
The Free State High Court reduced a murder sentence from life to 23 years in a road rage case, while confirming the 12-year attempted murder sentence.
S v Mthembu (AR 599/08) [2010] ZAKZPHC 62 (17 September 2010)
The court found that the appellant's version of self-defence was false beyond reasonable doubt, supported by the evidence of State witnesses and medical testimony. The appellant was the aggressor and possessed the necessary intent to murder. Regarding sentence, the court disagreed with the approach in State v Mbatha, holding that the statutory minimum sentence is a threshold for leniency, not a ceiling for severity. The trial court was not required to notify the defence of the possibility of a sentence above the minimum. The sentence imposed was neither procedurally defective nor inappropriat…
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S v Mophatlane (CC 47/2005) [2005] ZANWHC 105 (22 December 2005)
The Full Bench dismissed Alfred Mophatlane’s appeal against conviction for murder but found the 30-year sentence excessive and reduced it to 20 years.
S v Eadie (196/2001) [2002] ZASCA 24; 2002 (3) SA 719 (SCA); 2002 (1) SACR 663 (SCA) (27 March 2002)
The Supreme Court of Appeal held that Eadie remained criminally responsible for a road-rage killing, rejecting non-pathological incapacity on the facts.
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